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U.S. v. MATT

No. 87-3108.

838 F.2d 1356 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry M. MATT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 19, 1988.

Attorney(s) appearing for the Case

J. Arthur Smith, III, Baton Rouge, La., (court-appointed), for plaintiff-appellant.

Randall B. Miller, Asst. U.S. Atty., Donald L. Beckner, U.S. Atty., Baton Rouge, La., for defendant-appellee.

Before CLARK, Chief Judge, BRIGHT and GEE, Circuit Judges.

GEE, Circuit Judge:

Jerry Matt was indicted and convicted by a jury for mail fraud denounced by 18 U.S.C. § 1341. His appeal raises issues regarding the proper scope of the federal statute, the evidentiary basis for his conviction, and the restitution that he was required to make. In affirming the district court, we evaluate Matt's contentions in light of McNally v. United States, ___ U.S. ___, 107 S.Ct. 2875, 97 L.Ed.2d 292 (1987) which recently tightened...

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